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"Is
it legal to buy and sell used software?"
Most software developers permit users to
transfer their software licenses, as long
as it is done in accordance with the terms
and conditions laid out in the developers'
End-User License Agreement (EULA). Below
are a few examples:
Adobe®
"Transfer. You may...transfer all your
rights to Use the Software to another person
or legal entity provided that: (a) you also
transfer (i) this Agreement, (ii) the serial
number(s), Software and all other software
or hardware bundled, packaged or pre-installed
with the Software, including all copies,
Updates and prior versions, and (iii) all
copies of font software converted into other
formats, to such person or entity; (b) you
retain no copies, including backups and
copies stored on a computer; and (c) the
receiving party accepts the terms and conditions
of this Agreement and any other terms and
conditions upon which you legally purchased
a license to the Software."
(Source: Adobe Photoshop 7.0)
Borland®/Inprise®
"You may transfer the Software and
documentation on a permanent basis provided
you retain no copies and the recipient agrees
to the terms of the License Agreement...If
you have purchased an upgrade version of
the Software, it constitutes a single product
with the Inprise software that you upgraded.
You may use or transfer the upgrade version
of the Software only in accordance with
the License Agreement."
(Source: Borland JBuilder 4.0 Enterprise)
Corel®
"You
may...transfer the Product to someone else
only if you assign all of your rights under
this License, cease all use of the Product,
erase or destroy any copy (including the
hard disk copy) made in support of your
use of the Product, and ensure that the
person to whom you wish to transfer the
Product agrees to the terms of this License."
(Source: CorelDRAW Graphics Suite 11)
Macromedia®
"...you may permanently transfer all
of your rights under this EULA only as part
of a sale or transfer, provided you retain
no copies, you transfer all of the Software
(including all component parts, the media
and printed materials, any upgrades, this
EULA, the serial numbers, and, if applicable,
all other software products provided together
with the Software), and the recipient agrees
to the terms of this EULA. If the Software
is an upgrade, any transfer must include
all prior versions of the Software from
which you are upgrading. If the copy of
the Software is licensed as part of the
whole Studio...the Software shall be transferred
only with and as part of the sale or transfer
of the whole Studio, and not separately.
You may retain no copies of the Software."
(Source: Macromedia Studio MX 2004)
Microsoft®
"Software Transfer. Except as specified
in this Section, the initial licensee of
the Software Product may make a one-time
permanent transfer of this EULA and Software
Product only directly to an end user. This
transfer must include all of the Software
Product (including all component parts,
the media and printed materials, any upgrades,
this EULA, and, if applicable, the Certificate
of Authenticity). Such transfer may not
be by way of consignment or any other indirect
transfer."
(Source: Microsoft Office XP Professional)
Symantec®
"You may...after written notice to
Symantec, transfer the Software on a permanent
basis to another person or entity, provided
that you retain no copies of the Software
and the transferee agrees to the terms of
this license."
(Source: Symantec pcAnywhere 11.0)
Important:
The above EULA excerpts are compiled for
your reference only. Each excerpt must not
and should not be perceived in general that
(i) license transfer is supported and/or
endorsed; (ii) transfer is offered condition-free,
or (iii) it applies to all products manufactured;
by the software developer concerned. Further,
such information may change over time. For
a complete and up-to-date version of the
EULA published, we strongly advise readers
to contact the respective software developers.
Software
Exchange, its employees, board of directors,
makes no warranty, express or
implied, or assumes any legal liability
or responsibility for the accuracy, completeness,
or usefulness of any information, apparatus,
product or process disclosed. In no event
shall Software Exchange or other third parties
mentioned at this site be liable for any
claims whatsoever arising out of the use
and inability to use, of this site.
Adobe®,
Borland®, Corel®, Inprise®,
Macromedia®, Microsoft® and Symantec®
are registered trademarks of their respective
manufacturer(s).
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